Chancery Division
Bayerische Motoren Werke AG
v
Round and Metal Ltd and another
[2012] EWHC 2099 (Pat)
2012 July 5, 6, 10; 27
Arnold J
DesignRegistered design rightInfringementClaimant car manufacturer owning Community registered designs for car wheelsDefendants importing and selling replica wheels essentially identical to claimant’s designsClaimant bringing infringement actionArticle of European Regulation providing that protection afforded by Community registered design not extending to design for component part of complex product used for its repair or to restore its original appearanceDefendants contending that article applying to wheelsWhether relevant features of designs to which article applying excluded from protection or whether article constituting defence for certain infringing actsWhether applying only where design of component part depending on appearance of complex productMeaning of “used … for the purposes of repair of that complex product”Correct method for determining purposeWhether “original appearance” meaning appearance when car originally manufactured Council Regulation (EC) No 6/2002, art 110(1)
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